Meneka Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8832 of 2022 Arising Out of PS. Case No.-236 Year-2021 Thana- JAKKANPUR District- Patna ====================================================== Meneka Devi W/o Late Ravi Yadav R/o Tiyari, P.S.- Nursarai, DistrictNalanda. Bihar ... ... Petitioner/s

Versus

The State of Bihar The Advocate General Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akash Keshav, Advocate : Ms. Akansha Malviya, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/120(B) of the Indian Penal Code.

According to prosecution case, Ravi Yadav was married to Suman Kumari but even after marriage Ravi Yadav was having an illicit affair with Meneka Devi who tells him to divorce his wife and marry her and failing which she will be alleging a fake rape case on him. Ravi Yadav refused to marry

Patna High Court CR. MISC. No.8832 of 2022(5) dt.26-09-2022 2/3 her and in that guise of rejection she called 4-5 unknown people and strangled Ravi Yadav to death.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that in fact the informant is not the eye witness of the alleged occurrence and on the basis of the suspicion the name of the petitioner has been falsely implicated in the present case. He further submits that except suspicion, no cogent material has come during the investigation against the petitioner and the police after investigation, submitted the charge sheet against the petitioner. The petitioner is in custody since 21/05/2021. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Jakkanpur P.S. Case No. 236 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date

Patna High Court CR. MISC. No.8832 of 2022(5) dt.26-09-2022 3/3 fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) vanisha/- U T